I 111th CONGRESS 1st Session H. R. 3822 IN THE HOUSE OF REPRESENTATIVES October 15, 2009 Mr. Deal of Georgia (for himself, Mr. Burgess, Mr. Pitts, Mr. Blunt, Mr. Barton of Texas, and Mr. Buyer) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Energy and Commerce and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To permit employers to provide contributions and assistance to certain employees who purchase individual health insurance.

1.

Employer contributions and assistance for employee health insurance purchases

(a)

In general

An employer that does not offer health benefits coverage to its employees as of the date of the enactment of this Act is permitted in accordance with law to provide tax-free defined contributions and administrative assistance to such employees who choose to purchase health insurance coverage in the individual market. The provision of such tax-free contributions and administrative assistance shall not constitute establishment or maintenance of a group health plan for purposes of applying part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 or title XXVIII of the Public Health Service Act. (b)

Construction

A State may not prohibit an employer from taking any of the actions described in subsection (a) and may not prohibit the sale of health insurance coverage to employees in cases where an employer’s involvement is limited to withholding premiums from the employees’ paychecks and sending the premium payments to the health insurance issuer offering the coverage on the employees’ behalf. (c)

Not treated as list billing

The provisions of section 702(c)(2)(ii) of title 29, Code of Federal Regulations (relating to list billing) shall not be construed to apply to actions described in subsection (a).